Suresh Kumar vs Depot Manager, DTC BDWD, Sector -8, Dwarka, New Delhi-110077 & Ors

Harvinder Kaur Oberoi, Member (J)

Learned counsel for the applicant submits that the present Miscellaneous Application has been preferred seeking rectification/clarification of an inadvertent arithmetical omission occurring in the order dated 15.09.2022 passed by this Tribunal in the Original Application.

It is submitted that the Original Application was allowed by this Tribunal vide order dated 15.09.2022, whereby the recovery orders dated 10.04.2019 and 13.05.2019 were quashed and set aside. This Tribunal had further directed refixation of pension and all consequential retiral benefits on the basis of the last drawn salary, along with arrears w.e.f. 31.03.2019 till the date of passing of the order.

Learned counsel submits that, pursuant to the order dated 10.04.2019, an amount of Rs.5,88,980/- had been recovered from the gratuity of the applicant. It is further submitted that, in terms of the subsequent order dated 13.05.2019, a further amount of Rs.64,345/- had been deducted from the CPF of the applicant. Both the aforesaid recovery orders were specifically challenged before this Tribunal and ultimately came to be quashed.

It is contended that while passing the order dated 15.09.2022, this Tribunal specifically directed refund of the amount of Rs.5,88,980/- recovered from gratuity; however, due to an inadvertent arithmetical omission, no separate specific direction came to be recorded regarding refund of the amount of Rs.64,345/- deducted from CPF, despite the fact that the very order authorising such deduction had also been quashed.

Learned counsel further submits that the order dated 15.09.2022 passed by this Tribunal was challenged before the Hon'ble High Court of Delhi in W.P.(C) No.614/2023. The Hon'ble High Court, vide judgment dated 16.02.2023, affirmed the findings returned by this Tribunal with regard to the illegality of the recoveries effected from gratuity and CPF. According to learned counsel, once the recovery orders themselves stood quashed and the findings of this Tribunal stood affirmed by the Hon'ble High Court, refund of the entire recovered amount became a natural and automatic consequence thereof.

It is also submitted that despite the aforesaid position, the respondents refunded only the amount of Rs.5,88,980/- on 21.08.2023 and failed to refund the amount of Rs.64,345/- deducted from CPF. Learned counsel submits that even in the reply dated 24.02.2025 sent by the respondents to the legal notice issued by the applicant, the deduction of Rs.64,345/- from CPF has been specifically admitted.

Learned counsel further submits that the applicant thereafter approached the Hon'ble High Court by filing C.M. No.49245/2025 in W.P.(C) No.614/2023 seeking refund of the aforesaid amount. The Hon'ble High Court, vide order dated 12.11.2025, granted liberty to the applicant to approach this Tribunal for rectification of the aforesaid omission in the order dated 15.09.2022.

Having heard learned counsel for the applicant and upon perusal of the record, this Tribunal is of the considered view that the non-mentioning of refund of the amount of Rs.64,345/- deducted from CPF in the operative portion of the order dated 15.09.2022 is purely an inadvertent and arithmetical omission. Once the recovery order dated 13.05.2019 itself stood quashed and the said finding attained finality upon affirmation by the Hon'ble High Court, refund of the amount recovered pursuant thereto necessarily follows as a consequential relief.

Accordingly, the present Miscellaneous Application is allowed. It is clarified that, in addition to the amount of Rs.5,88,980/- already directed to be refunded, the respondents shall also refund the amount of Rs.64,345/- deducted from the CPF of the applicant pursuant to the order dated 13.05.2019. The applicant shall further be entitled to consequential interest @ 7% per annum on the aforesaid amount from the date of deduction till the date of actual payment.

The aforesaid exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order.

No order as to costs.